The Real Estate Division of the Department of Licensing Wants to Take your Real Estate Broker’s Licence

The Real Estate Division (RED) of the Department of Licensing believes that it can take a real estate broker’s license if the licensee is convicted of any offense. The RED believes that it constitutes unprofessional conduct to be arrested for shoplifting or other offenses having nothing to do with being a real estate agent or operating a business. If you find that incredible, you are not alone. Many question how a conviction for an offense like shoplifting can represent unprofessional conduct.The case law unequivocally states that there must be a nexus between the offense and the profession for a conviction to represent unprofessional conduct. In one case, a doctor was convicted of harassing witnesses in a malpractice case against him. The courts found that conduct did not represent unprofessional conduct as it did not relate to his practice as a doctor. In another case a real estate agent recommended a contractor to her client. She did not tell the client that she was romantically involved with the contractor, who subsequently did a bad job. The courts found that to constitute unprofessional conduct. The precedents are thus clear: there must be a direct relationship between the conviction and the practice of the profession. It cannot be simply that the licensee did something unseemly in the community. The RED may disagree, but it does not have the law on its side. It is getting away with it because not many real estate agents take them to court to challenge it.If you have been charged with unprofessional conduct by your licensing body, you should obtain the advice of an attorney. There may be no basis for the charges.